Belgium

Provides a listing of articles on restorative justice developments in Belgium. Articles appear in the order in which they were added to the site with the most recent appearing first.

Reflections from a semester abroad in Belgium

from the entry by Janine P. Geske in Marquette University Law School Faculty Blog: ....This fall I am living in the beautiful city of Leuven, Belgium, a city of about 100,000 people and located about twenty miles outside of Brussels. I am teaching at the Catholic University of Leuven Law School’s Criminology Institute where there is a vibrant and well-known restorative justice department. A group of professors here, led by highly respected Dr. Ivo Aertsen, as well as many Ph.D. students and researchers, are examining and writing about the impact of restorative justice programs in many different countries and cultures.

Bouverne-De Bie, Maria and Bradt, Lieve. Victim—offender mediation as a social work practice.

Based on the Flemish practice of victim–offender mediation for adult offenders, this article shows how mediation can be a social work practice that goes beyond being an instrument for the responsibilization of offenders, but instead recognizes social workers as policymakers. (author's abstract)

Muylkens, Leen and Smeets, Katrien. Beyond the offender: Group counselling for victims of crime.

The project 'Slachtoffer in Beeld' (Victim in Focus) has been working with offenders for the last twelve years. Like most initiatives which follow the idea of restorative justice, the focus is often unilaterally on offenders. To restorative the balance, 'Slachtoffer in Beeld' in cooperation with the restorative justice consultants in prisons, who work for Federal Department of Justice, came up with the idea to create a place where they [victims] can think about crime, the offender and how to cope with all this. (Excerpt)

Daelemans, Ann. Guiding the Change Process in Belgian Prisons: Towards a Restorative Prison Policy.

The presentation will deal with the implementation of restorative justice in the Belgian prison system. In 2000, the position of the restorative justice consultant was created in order to realise a ‘restorative detention’. RJ-consultants are working within the prison walls and are employees of the Federal Department of Justice. In their mission of guiding the change process towards a restorative prison policy, they have an advisory role towards the prison governor. (excerpt)

Verbeeck, Pieter. Thorny theses concerning victim-offender mediation in a judicial context.

The aim of my workshop is not to give an overview of the situation in Flanders. But I would like to take out a few of the themes that through the years often reoccurred in discussions within the steering committees. These committees are responsible for the local policy in restorative justice and consist of different judicial and welfare policymakers (a Prosecutor, a University professor, welfare workers, a police representative, a judge, the mediators … ). These themes are: How can the confidentiality of the mediation process be guaranteed?, How to select files for mediation?, Voluntariness of a mediation offer done by a Prosecutor?, What with a non-confessing offender?, Is the legal security guaranteed? (excerpt)

Lemonne, Anne. Victim Policy and Restorative Justice Policy Regarding Serious Cases in Belgium.

The presentation aims to analyse the evolution of restorative justice practices in Belgium in the light of the policy in favour of victims and hence to explore the potential paradoxes between restorative justice developments and victim policy. It focuses on the way the Belgian criminal justice system currently deals with victims in cases of serious violence. I a first part of the presentation, the contrast between existing programs (victim oriented programs such as victim impact statements at the level of conditional release and restorative justice programs such as mediation for redress) will be explored at a discursive level. In a second part of the presentation, results from interviews with victims and observations in victim services realised in the framework of an evaluative research on victim policy developed by the National Institute of Criminalistics and Criminology will be discusses. Case studies and victim perceptions of the current measures implemented both in the field of victim programs and restorative justice programs will be presented. The purpose of the contribution is to highlight to which extent victim oriented and restorative justice programmes have the potential to answer to victims’ need and the explore potential paradoxes of restorative justice. (excerpt)

Burssens, Dieter and Vettenburg, Nicole. Restorative Group Conferencing at School: A Constructive Response to Serious Incidents.

This article presents the results of a Flemish experiment with restorative group conferencing at school suggesting positive results. Schools are often powerless when a serious incident occurs within the school premises. The end result is usually seen as a failure by the school board and the teachers. The experiment with restorative group conferencing demonstrates that there is a possibility for tackling these problems radically and constructively. The offenders have to take their responsibility, but without being stigmatized. The needs of the victims are acknowledged and the harm they have suffered will be repaired to the extent possible. Lastly, a restorative plan is developed that commands broad support both inside and outside school. Based on the positive outcome of the experiment, the Flemish Education Department is currently taking steps towards a broader implementation. Almost all schools are confronted regularly with disturbing or transgressive behavior having the potential to affect the life at school in a negative manner. In such situations, the school board has few or even no means at their disposal for giving a constructive response to the harmful consequences of the incident. However, since 2000, the Flemish youth protection system has been applying “restorative group conferencing” in response to this serious juvenile delinquency. The promising results suggest the idea of applying it in education as well. Hence, an experiment was launched from October 2002 to March 2004 where 14 restorative group conferencing sessions were organized in the wake of serious incidents in 9 different schools in Flanders. The experiment applied restorative group conferencing to incidents of divergent natures. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjra.gov.

van Garse, Leo. Mediation in a Detention Context: Moralisation or Participation?

This article discusses the author’s development of mediation processes between victim and offenders in Belgium. The focus of the mediation is during the criminal justice process, particularly the punishment phase. In 2005, Belgium passed an act making mediation a part of the Code of Criminal Procedure, and mediation was introduced to address the problem of overpopulated prisons. One proposal was “restorative detention” where civil servants would work in prisons to counsel prison personnel on how to promote a restorative environment. The main goal is reinforcing prisoners to think about the harm they have caused and how they can mend that harm. The final section of the article discusses the author’s findings from employing mediation and restorative justice frameworks in Belgium prisons.

Put, Johan and Walgrave, Lode. Belgium: From Protection Towards Accountability?

This chapter traces the development and current trends of the Belgium juvenile justice system. Currently in Belgium, the juvenile justice system is in a period of flux, floundering between a restorative and protective approach on the one hand and a more punitive and repressive approach on the other hand. The authors argue that any new juvenile justice reforms that emerge in Belgium are likely to be based on restorative practices that encourage the accountability of the offender and the reparation of harm. The authors begin with a review of the history of juvenile justice in Belgium, which has been guided by the principle that juvenile offenders need protection and education. The juvenile justice system is governed by the Federal Government, which is responsible for establishing local youth courts and presenting them with a range of acceptable sanctioning options. Within this framework, the local youth courts are given wide latitude in determining the course of juvenile justice within their communities. Critics have argued that the current legislative framework in Belgium does not give local communities enough guidance on the provision of juvenile justice. Indeed, these critics charge that the current system of local youth courts appears to be operating successfully mainly due to the “creativity and goodwill” of local judges and practitioners who keep the system running in the absence of a coherent set of legal guidelines. The authors next consider the current situation in Belgium concerning growing public concern over juvenile crime, which is largely unsupported by available crime statistics. Most of the concern, it is argued, has been targeted at ethnic minority youth, primarily Moroccans and Eastern Europeans. Research has shown that the socioeconomic and education exclusion these groups face in Belgium society is mainly responsible for the disenfranchisement experienced by these youth. (Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov).

Lemonne, Anne. Development of Restorative Justice: The Case of Penal Mediation in Belgium

This article reviews the system of penal mediation introduced into the Belgian criminal justice system in 1994. After discussing that the concept of restorative justice has its roots in criticisms against the formal justice system, begun in the 1970’s, the author describes the emergence of penal mediation in Belgium. Stating that Belgium has been the scene of a number of recent scandals affecting both the legitimacy of the Belgian police and the Belgian criminal justice system, the Belgian Ministry of Justice conducted a pilot experiment from 1992 to 1993 in order to test the feasibility of establishing penal mediation in Belgium. Fully implementing penal mediation into the Belgian criminal justice system in 1994, the Belgian government employs mediation advisors in order to evaluate the effectiveness of penal mediation. Although penal mediation in Belgium is far from causing a "paradigm shift" in the Belgian penal justice system, this report argues that the current Belgian penal justice system is based on a retributive approach, with traditional trials, imprisonment, and fines still encompassing the bulk of criminal justice system solutions to crime. The author suggests that further developing the penal mediation procedure in Belgium is a worthy endeavor for facilitating a restorative justice approach to crime in Belgium. The article is in Danish. Abstractt courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Vanfraechem, Inge. Implementing Conferencing in a Legalistic Country

When implementing a conferencing project in a legalistic country, some issues arise. First of all, working at the level of the youth court implies trying to motivate judges to refer cases to the project and making them aware of the project. It also entails working out a good referral procedure and taking into account legal issues and safeguards. Having the police present at the conference (not as a facilitator) is not an evident option, since in a legalistic system police do not have power of decision. Looking at these issues and some of the solutions found in practice, can be of use for other projects starting up conferencing. Author's abstract.

Hilde Verhoeven and Verstraete, Anneli and Inge Vandeurzen and Hilde Verhoeven. Introducing restorative justice in Belgian prisons

The authors describe a pilot project in Belgium with restorative purposes: the aim of the project is to enable prisoners to take responsibility for their acts and address the conflict between them and their victims. Hence, the project focuses on changing the prison mentality, or the prevailing prison culture. The authors summarize recent changes in society and in criminological theory and practice that provided the background for the project, and they highlight key characteristics of the project.

. Restorative justice in Belgian prisons.

In 2000 the positive evaluation of this research led to the decision of the federal government that all Belgian prisons should evolve towards a restorative justice-oriented detention system. In order to guide this process of change one restorative justice adviser was appointed in each prison. An important remark here is that the size of the prison was not taken into account. Small prisons (with for example only 60 or 100 inmates) as well as bigger ones (with a few hundreds of inmates) all got one adviser. The reason for this was that the advisers were hired to work at the management level of the prison. They were supposed to work at the policy level of the prison, their task not being to work individually with inmates. The restorative justice advisers started working at the end of 2000. A circular letter of 4 October 2000 set up the framework within which the task had to be developed and which described, amongst others, the role of the restorative justice advisers. (excerpt)

Government of Belgium. Law of 22 June 2005 on mediation

This legislation addresses the use of mediation in the the Belgian criminal code. The text is in French and Dutch.

Eyckmans, David. New Belgian Law on Mediation

According to the Belgian law of 22 June 2005, a mediation process can be started on the request of persons who have a direct interest in a criminal procedure, and this is possible during the whole criminal procedure. Also mediation after trial, during execution of the sentence is not excluded. (excerpt)

Delvigne, Alice. Boundaries in Victim-offender Mediation: Reflections on Mediation in Certain Cases and Crimes.

Often, we as mediators, have to defend ourselves and the mediation. Critical voices shout that it’s impossible to mediate with certain persons, in certain crimes, etc. As mediators, we also notice sometimes difficulties and limitations in our practice. In order to summarize possible difficulties, many examples passed in mind. We will first sum up some difficulties and ask the question if indeed there are cases, persons or crimes, where mediation is impossible. Then we will search for some boundaries and ask the question if mediation, despite of the possible difficulties, might be the best way to react. (excerpt)

Lemonne, Anne and Van Camp, Tinneke. Critical Reflection on the Development of Restorative Justice and Victim Policy in Belgium

The challenges of the criminal justice system, including the needs of crime victims and the growing attention for restorative justice as an alternative to retributive criminal procedures, have attracted the attention of the United Nations Congress in Bangkok (April 2005). This paper unites both interests in analysing the evolution and implementation of restorative justice practices in Belgium in light of the developments concerning the policy in favour of victims in the same country. In this paper, we will essentially analyze the evolution of the position of victims of crime committed by adult offenders. Therefore, the first part of our contribution discusses the victim policy developments in Belgium. The second part deals with the description of restorative justice developments for adult offenders at the level of policy and practices in the same country. Finally, the last part of this contribution focuses on the parallels between policies and practices in both fields and in particular aims to argue how restorative practices for adult offenders and victim policy currently implemented in Belgium answer to the victim's needs and rights, as they have been formulated by the Belgian National Forum for Victim Policy. In addition, we will explore the complementarity between restorative justice developments and the policy in favour of victims, which transcend the Belgian boundaries. Our discussion is mainly based on analyses of national legislation, on results of evaluative research having already been conducted in the field of restorative justice and on ongoing research regarding the consideration of victims in the criminal justice system in Belgium, and on the study of the scientific literature on victim policy and restorative justice. It is therefore to be considered as an inductive process of reflection, which can produce new research questions and more profound empirical analyses. (excerpt)

Aertsen, Ivo. La médiation sociale en Belgique et les débats sur la justice restaurative en Europe (ou, Le développement d’une justice réparatrice orientée vers la victime: la problématique et l’expérience belge)

Une synthèse de la session de formation continue "La justice en perspectives", organisée par l'Ecole nationale de la magistrature et dirigée par Jean-Paul Jean, directeur de la Mission de recherche Droit et Justice en France.

Eyckmans, David and Dufraing, Dirk and Regelbrugge, Marianne and Dufraing, Dirk. The concept of restorative justice in prison seen from the community and illustrated by the practice of victim-offender mediation

As David Eyckmans, Dirk Dufraing, and Marianne Regelbrugge point out, to understand the topic they address in this presentation, it is important to recognize that Belgium is a federal state consisting of communities and regions. Determination of law and policy in Belgium is shared by the federal government and regional communities and their authorities. The Flemish region is one of those communities. In general, with respect to criminal justice the federal government has responsibility for major functions concerning sanctions and incarceration of offenders. The communities have responsibility more for aid and social services, including those to prisoners and their victims. Since 2000 the federal Minister of Justice has begun to incorporate aspects of restorative justice in prison policy. Against this background, the authors detail the way the Flemish community, in cooperation with federal justice authorities and other organizations, is trying to pursue a restorative initiative toward prisoners and their victims. The authors discuss in this regard the conceptual framework for and outcomes of victim-offender mediation in prison.

Biermans, Nadia. Restorative justice and the prison system

For about two years now, Nadia Biermans, along with others, has been trying to apply restorative justice ideas and practices in Flemish prisons. Based on her experiences, in this paper she raises some questions and makes certain observations about restorative justice in the prison system. She begins by explaining how restorative justice in Belgian prisons began and how it is organized. This leads to discussion of the question of whether restorative justice has a place in prison, the issue of educating and persuading the wider public about restorative justice, and successful ingredients for introducing restorative justice in prisons.